Overview of Trademark Renewal

When a registered trademark is used improperly, the company has the right to file an action to stop trademark infringement. The most important component for the company is the registration of a trademark. The company's trademark has to be registered with the trademark registrar when the company is incorporated. The period of time a trademark may be registered is only ten years.

As a result, the authorized Company must regularly renew the Trademark in order to maintain the Trademark's associated rights. If the company does not submit an application for trademark renewal, it may submit an application for trademark restoration. We will go over the step-by-step process for trademark renewal in India in this article.

In India, the trademark renewal process must start at least six months before the applicant's trademark registration is set to expire. The authorized owner of a registered trademark can maintain it eternally and permanent by extending their trademark. The owner of a registered trademark may renew it in India as often and for as long as they would like to keep its position as active and registered.

The authorized owner of the registered trademark will lose the registration and consequently be responsible for any negative effects if they don't pay the required fees within the allotted time frame in India for trademark renewal.


When should the trademark be renewed?

Before the mark expires, a trademark renewal application must be filed. To enjoy uninterrupted trademark protection without the risk of legal action, the trademark renewal application form must be created and submitted before a deadline. Once renewed, it is valid forever.

You should be sure to file for trademark renewal in advance, i.e. before the first 10-year period has passed. The Trademark Ministry has a policy of notifying the registration office of the expiration. You wouldn't want to do that, though. A registrar may publish a notice in a journal stating its intention to withdraw a trademark if you don't file your renewal application by the deadline. If you didn't apply for renewal before to termination, you can do so thereafter by paying a fee. Restoration is the action that causes this. However, legal action might be taken against it.


What benefits do trademark renewals in India offer?

1. Protection of Trademark

Renewal of a trademark assures that it is protected going forward and stops unauthorized use. A renewal application must be submitted to the Trademark Registrar together with the renewal cost. The trademark will continue to be protected for an additional 10 years when the renewal is approved.

2. Maintaining Exclusive Rights

By renewing a trademark, a company may make sure that it retains exclusive control over its brand. It stops others from utilizing the same or similar trademarks that might deceive consumers and damage a company's reputation. The company can continue to defend its brand and retain its exclusive rights to it by renewing the trademark.

3. Avoiding Litigation

Infringement of a trademark can lead to expensive legal action and harm to a company's reputation. By ensuring that their trademark is protected, businesses can avoid these conflicts by renewing their trademarks. Businesses can show their dedication to safeguarding their brand and deter others from infringement by renewing their trademarks.

4. Building Brand Value

By ensuring that the brand is still protected and recognizable in the marketplace, trademark renewal contributes to the growth of brand value. It aids companies in building their reputation as a dependable and trustworthy provider of goods and services, which may enhance client retention and repeat business.

5. Strengthening Legal Standing

Renewal of a trademark improves a company's legal position in the event of infringement. It offers a legal foundation for pursuing legal action against anyone who utilize identical or confusingly similar trademarks without authorization. Businesses can prove their ownership of the trademark and improve their legal position in the event of infringement by renewing the trademark.

6. Increasing Commercial Reputation

Renewal of a trademark can improve a company's reputation by displaying its dedication to brand protection. Additionally, it can help companies establish a reputation for excellence and reliability, which will draw in more clients and boost revenue. Businesses can show their professionalism and dedication to excellence by renewing their trademarks.

7. Competitive Advantage

By preventing competitors from utilizing similar or identical trademarks, renewing a trademark gives firms a competitive edge. It aids companies in building their brand in the marketplace and setting themselves out from rivals. Businesses can keep their advantage over competitors and expand their market share by renewing their trademarks.

8. Protection against Counterfeiting

By guaranteeing that the brand is still protected, trademark renewal offers protection against copying. It stops counterfeiters from utilizing trademarks that are close to or the same as real trademarks to market counterfeit items, which can damage a company's reputation and cost it money. Businesses can safeguard themselves from imitation and preserve the integrity of their brand by renewing the trademark.

There are two ways to renew a trademark:

1. You can file for renewal to make any changes to an existing trade mark, such as changing the colors or the slogan

2. Renewal applications may be submitted unchanged.

Renewal of a TM is fee-based.

Renewal of a TM is fee-based.

To prevent any delays in filing the trademark renewal, everyone should be cautious about the dates of renewal and keep a frequent check. The following are the three essential steps:

Form completion at the time: To renew the TM, the applicant must complete the form accurately.

The Fees Due Must Be Paid: When the renewal form filling procedure is finished. You must submit the renewal cost, which are 5,000 per necessary class.

Maintain TM Tracking:: Once the process is finished, be important to track everything properly to ensure that the Trademark Renewal application is filed correctly.


What documents are essential for trademark renewal in India?

In India, the following papers are required for this procedure:

  • The applicant's PAN card;
  • Proof of the applicant's address;
  • A Power of attorney signed by the applicant's attorney;
  • The Register of Trademarks' Certificate of Trademark Registration;
  • The trademark registration application submitted by the applicant to the trademark registry.

Frequently Asked Questions

What distinguishes a trademark renewal from a trademark registration?

The process of registering a trademark is known as trademark registration. It requires fresh paperwork and is a new registration of the trademark. The trademark renewal is the extension of the trademark after it expires with six to.

What are the advantages of renewing a trademark?

A phrase or visual symbol is used by a company to help them identify their goods and services from other comparable goods and services, and the trademark registration is an asset for the firm. Thus, it is always advantageous to renew a trademark.

When should a trademark in India be renewed?

Application for a trademark renewal must be submitted six months before the registration expires. The submission of an application requires the payment of fees.

Is a trademark recoverable?

After it expires, a trademark may be renewed for another six months of use. For the same, an application must be submitted.

How long is a trademark registration good for?

Ten years are allotted for trademark registration before the procedure of renewal kicks off.

What occurs in the event that the trademark is not renewed?

If the trademark registration is not renewed, it will be taken off the register and can then be registered in the name of any other party.

After renewing the trademark, are there any modifications to the rights?

The rights of the trademark owner are unaffected by a renewal of the trademark. The owner of a trademark may utilize all of the rights that were obtained using registration as long as the trademark is still in use.

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